Tank v. Tank

NEUMANN, Justice.

[¶ 1] Sherri L. Tank, now known as Sherri L. Koble, appeals from an order *625denying her motion to amend the divorce judgment seeking to modify the custody provisions. Because the trial court erred in determining Koble had failed to establish a prima facie case entitling her to an evidentiary hearing under N.D.C.C. § 14-09-06.6(4), we reverse and remand.

I

[¶ 2] Roger W. Tank and Sherri L. Ko-ble were married and have two children together, ages twelve and nine at the time modification was sought. The parties divorced in May 2000. By stipulation, Tank and Koble have joint physical…